Altus mayor saga sees new twists with vote, in court
Posted on Saturday, March 29, 2008
OZARK — As quickly as the Franklin County Election Commission certified Gary Zolliecoffer on Friday as the winner of the 2006 Altus mayor election, attorneys for his opponent filed a court challenge.
Two commissioners, John Paul Pendergrass and Randy Hillard, on Tuesday certified results from the Nov. 7, 2006, mayor election, in which Zolliecoffer received 136 votes to 123 for incumbent Mayor Veronica Post.
Franklin County clerk’s office records show commissioner Chris O’Neal signed the election certification on Friday.
After the two commissioners signed the certification Tuesday, attorney Chad Green of North Little Rock filed a challenge in Franklin County Circuit Court. The challenge claims the commissioners are not authorized to certify the election because the deadline has long since passed. Arkansas law says commissioners have 15 days from the election to certify it.
The lawsuit also asked the circuit judge to rule that Zolliecoffer lied on his political practice pledge about his criminal past.
Tuesday’s challenge was the third filed by Post in the 16-month dispute.
The first was filed within a week of the election when Post challenged Zolliecoffer’s eligibility to run because he was convicted of felony burglary and grand larceny in 1965. A Franklin County Circuit Court docket from the period shows he pleaded guilty to both crimes and received a suspended sentence with orders to repay the stolen money. The file shows he paid back the money.
Then-circuit judge James Patterson ruled in Post’s favor and ordered the Election Commission not to certify Zolliecoffer’s votes.
Post was commissioned by the governor to serve as Altus mayor, was sworn into office and has been serving as mayor ever since. Zolliecoffer is an Altus alderman.
Mayoral candidates who win their elections must be commissioned by the governor before they can be sworn in, Prosecuting Attorney David Gibbons said.
Zolliecoffer appealed Patterson’s ruling to the Arkansas Supreme Court, which reversed and dismissed Post’s challenge in October. The court ruled Patterson had no jurisdiction to hear the challenge since Arkansas election law provides only for pre-election challenges to a candidate’s eligibility to run for office. Post’s challenge was after the election.
The Election Commission met in November to decide what action to take in light of the Supreme Court’s ruling. They adjourned without taking any action when they learned Post again filed a challenge in court.
His second challenge sought to stop the Election Commission from taking any action, since the Supreme Court’s ruling did not order the commission to certify Zolliecoffer’s votes. She also renewed the argument that the deadline for certifying the election was passed.
Circuit Judge James Kennedy dismissed the challenge in a ruling filed Monday stating that, as the Arkansas Supreme Court ruled in October, he had no jurisdiction to hear the challenge. He wrote that the dismissal cleared the way for the Election Commission to certify Zolliecoffer’s votes in the election.
Zolliecoffer’s attorney, Kevin Barham of Paris, did not respond to a request for comment Friday.
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